upon the will of the new sovereign. No principle of international law is involved.

The principle of collective naturalization was necessarily applied in the German treaty of peace of June 28, 1919. Thus, for example, it was declared that German nationals habitually resident in any of the territories recognized as forming part of the Czecho-Slovak State would obtain Czecho-Slovak nationality ipso facto and lose their German nationality. Careful provision was made, however, for the exercise of the right to opt for German nationality by German nationals so habitually resident, under conditions specified.2

d

American Naturalization

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§ 353. Regulated by Congress. Entrusted to the Courts. By the Fourteenth Amendment to the Constitution, one who is naturalized in the United States and subjected to the jurisdiction thereof becomes a citizen as well as a national thereof.

The power to enact naturalization laws is lodged exclusively in Congress. Upon compliance with the regulations which it has

1 Art. 84. See, also, Art. 91, with respect to Poland.

2 Art. 85, where it was provided that persons who should exercise the right to opt should within a specified time be obliged to transfer their place of residence to the State for which they had opted.

3 Section 1; Behrensmeyer v. Kreitz, 135 Ills. 591.

4 Art. 1, Sec. 8 of the Constitution declares that the Congress shall have power "to establish an uniform rule of naturalization." See United States v. Villato, 2 Dall. 370; Chirac v. Chirac, 2 Wheat. 259. Compare Collet v. Collet, 2 Dall. 294. Also Van Dyne, Naturalization, 6-9; Moore, Dig., III, 327-328, and documents there cited, including a list of statutes of the United States relating to citizenship and naturalization from 1799 to 1894.

a

BUREAU OF NATURALIZATION. The Act of June 29,1906, Chap. 3592, § 1, 34 Stat. 596, established a so-called Bureau of Immigration and Naturalization under the direction of the Secretary of Commerce and Labor. To this Bureau was given charge of "all matters concerning the naturalization of aliens." It was made the duty of the Bureau among other things to cause the registration of every alien arriving in the United States, and also to issue to him certificate of such registration. In order to prevent the perpetration of fraud upon the citizenship of the United States, later sections of the Act made pro vision for coöperation between courts exercising jurisdiction in naturalization proceedings and the Bureau, in connection with both the granting and canceling of naturalization. The purpose was to establish an organ of the Government which should be possessed of complete information with respect to all naturalization cases arising in the United States, and which should exercise important administrative functions greatly needed as an additional safeguard to supplement the judicial functions intrusted to the courts.

By an Act of March 4, 1913, Chap. 141, § 3, 37 Stat. 737, U. S. Comp. Stat. 1918, §§ 961 and 962, the Bureau of Naturalization was established under the direction of the Secretary of Labor. A Commissioner of Naturalization

adopted, aliens are admitted to citizenship without regard to any claims upon them asserted by the State of their origin.1

Naturalization in the United States is normally effected through the operation of a judicial act which must be performed by a court.2 The executive branch of the Government cannot prescribe the action of any tribunal on a given application. It should be observed that naturalization may be, and at times has been, effected by special Act of Congress.

(2)

§ 354. Persons Capable of Naturalization as American Citizens.

Under the existing law, the provisions for naturalization are declared to "apply to aliens being free white persons, and to aliens of African nativity, and to persons of African descent." 4 was declared to be the administrative officer in charge of the Bureau "and of the administration of the naturalization laws under the immediate direction of the Secretary of Labor."

1 Mr. Hay, Secy. of State, to Mr. Harris, Minister to Austria-Hungary, May 10, 1900, For. Rel. 1900, 30, 31, Moore, Dig., III, 328.

2 The statement in the text is substantially that of Professor Moore, in Dig., III, 328. See, also, Marshall, C. J., in Spratt v. Spratt, 4 Pet. 393.

Inasmuch as the act to be performed by the court involves a decision based upon the examination of witnesses as to whether the petitioner satisfies the requirements of the law, that act may be fairly described as a judicial one. While the court does not decide that the petitioner is or is not a citizen, it does decide whether the evidence suffices to justify the admission of the petitioner to citizenship.

That American diplomatic and consular officers in countries where they exercise judicial functions by law and treaty, are without authority to naturalize aliens, see Mr. Gresham, Secy. of State, to Mr. Terrell, Minister to Turkey, Nov. 2, 1893, For. Rel. 1893, 701, Moore, Dig., III, 329.

COURTS AUTHORIZED TO NATURALIZE. According to the Act of June 29, 1906, § 3, 34 Stat. 596: "Exclusive jurisdiction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified courts: United States circuit and district courts now existing, or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the Supreme Court of the District of Columbia, and the United States courts for the Indian Territory; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited."

3 The language of the text is that of Mr. Bayard, Secy. of State, in a communication to Mr. Stuart, Sept. 9, 1885, 157 MS. Dom. Let. 93, Moore, Dig., III. 328.

Concerning the Functions of Judges under the Act of June 29, 1906, and that of March 2, 1907, see Van Dyne, Naturalization, 19–22. Concerning the Duties of Clerks of Courts under the Act of June 29, 1906, id., 22-34; and concerning the Duties of United States District Attorneys under the same Act, id., 34-36.

4 Rev. Stat. § 2169, amended, Feb. 18, 1875, Chap. 80, § 1, 18 Stat. 318, U. S. Comp. Stat. 1918, § 4358.

"By the Acts of 1802 and 1824, only 'free white persons' were capable of

'Chinese, since they are neither of the 'white' (Caucasian), nor of the African, race, are not within the general statutes relating to naturalization." An Act of Congress of May 6, 1882, provided that thereafter no court should admit Chinese to citizenship.2 Hence it was subsequently held that a certificate of naturalization issued to a Chinaman is void.3

Judicial opinion in the United States has lacked uniformity respecting what individuals are to be regarded as "free white persons" within the meaning of the Act of Congress. It has been held that Syrians, Armenians, Parsees and high caste Hindus were eligible for naturalization. Japanese have been deemed to be ineligible.5 It must be clear that the conditions on which persons who are nationals of the United States and owing allegiance to it, but who are not citizens thereof, may be admitted to citizenship are matters solely of domestic concern. In the absence of restrictions imposed by treaty they possess no international significance.

naturalization. By the Act of 1870, the benefits of the law were extended to "aliens of African nativity and to persons of African descent.' The law, as consolidated in the Revised Statutes, thus stands, embracing only 'white persons' and persons of African descent." Statement in Moore, Dig., III, 329. See, also, Van Dyne, Naturalization, 40-42.

1 Moore, Dig., III, 330, citing In re Ah Yup, 5 Sawyer C. C. 155, followed in Mr. Evarts, Secy. of State, to Mr. Holcombe, No. 250, Oct. 29, 1878, MS. Inst. China, II, 574; State v. Ah Chew, 16 Nev. 50, 61; Mr. Olney, Secy, of State, to Mr. Ritter, Sept. 20, 1895, 205 MS. Dom. Let. 8.

2 Chap. 126, § 14, 22 Stat. 61, U. S. Comp. Stat. 1918, § 4359. Relative to this Act and its relation to Art. V of the treaty with China of July 28, 1868, see documents cited in Moore, Dig., III, 330.

3 In re Gee Hop, 71 Fed. 274; In re Hong Yen Chang, 84 Cal. 163; Opinion of Mr. McKenna, Atty.-Gen., 21 Ops. Attys.-Gen., 581.

In re Najour (a Syrian), 174 Fed. 735; In re Halladjian (an Armenian), 174 Fed. 834; In re Mudarri (a Syrian), 176 Fed. 465; In re Ellis (a Syrian), 179 Fed. 1002; United States v. Balsara (a Parsee), 180 Fed. 694; In re Akhay Kumar Mozumbar (a high caste Hindu), 207 Fed. 115; Dow v. United States, 226 Fed. 145 (a Syrian), reversing 213 Fed. 355, where Henry A. M. Smith, J., in the course of an exhaustive opinion, held that a Syrian "not being of European nativity or descent", was outside of the scope of the statute; In re Mohan Singh (a Hindu), 257 Fed. 209. Contra, In re Sadar Bhagwab Singh, 246 Fed. 496. Also In re Bhagat Singh Hind, 268 Fed. 683.

5 In re Saito, 62 Fed. 126, and criticism thereof in Am. L. Rev., XXVIII, 818, cited in Moore, Dig., III, 331; In re Yamashita, 30 Wash. 234; also In re Buntaro Kumagai, 163 Fed. 922; Bessho v. United States, 178 Fed. 245. That a native citizen of Mexico is eligible to American citizenship, see In re Rodriguez, 81 Fed. 337; also discussion of this case in Van Dyne, Naturalization, 46-48.

Deeming individuals regarded as half white persons to be outside of the scope of the statute, see In re Knight, 171 Fed. 299; In re Young, 195 Fed. 645; s. c., 198 Fed. 715.

§ 30, Chap. 3592, Act of June 29, 1906, 34 Stat. 606, U. S. Comp. Stat. 1918, § 4366. See, in this connection, In re Alverto, 198 Fed. 688; In re Lampitoe, 232 Fed. 382; In re Mallari, 239 Fed. 416; In re Rallos, 241 Fed. 686; In re Bautista, 245 Fed. 765.

Concerning American Indians, see Elk v. Wilkins, 112 U. S. 94;Boyd v. Thayer, 143 U. S. 135, 162.

Anarchists and polygamists are not to be naturalized or made citizens of the United States.1 Subject to certain limitations, persons not speaking English are not to be naturalized or admitted as citizens.2 The Act of May 9, 1918, declared that no alien who was a native, citizen, subject or denizen of any country, State or sovereignty with which the United States was at war should be permitted to become a citizen thereof unless he had made his declaration of intention not less than two nor more than seven years prior to the existence of the state of war, or was at that time entitled to become a citizen of the United States, without making a declaration of intention, or unless his petition for naturalization should then be pending and he was otherwise entitled to admission, notwithstanding he was an alien enemy at the time and in the manner prescribed by the laws passed on that subject. A proviso, however, permitted the President at his discretion, upon specified conditions fully establishing the loyalty of an alien enemy not included in the foregoing exemption, to exempt him from the classification of "alien enemy", enabling him thereby to have the privilege of applying for naturalization.3

According to the Act of August 31, 1918, a national of a country which was neutral in the then existing war, who had declared his intention to become a citizen of the United States and who, pursuant to the statute, was relieved from liability to military service by making a declaration withdrawing his intention to become such citizen, thereby not only canceled such declaration,

1 Chap. 3592, § 7, Act of June 29, 1906, 34 Stat. 598, U. S. Comp. Stat. 1918, § 4363.

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2 Act of June 29, 1906, Chap. 3592, § 8, 34 Stat. 599, U. S. Comp. Stat. 1918, § 4364. It was declared that this requirement should not apply to aliens physically unable to comply with it if they were otherwise qualified to become citizens of the United States. Nor were the requirements of the section to apply to any alien who, prior to the passage of the Act, had declared his intention to become a citizen of the United States in conformity with the law enforced at the date of making such declaration. Nor were those requirements to apply to aliens who should thereafter declare their intention to become citizens and who should make homestead entries upon the lands of the United States and comply in all respects with the laws providing for homestead entries on such lands.

Chap. 69, § 11, Act of May 9, 1918, 40 Stat. 545. It should be noted that this section repealed Rev. Stat., section 2171. See, in this connection, In re Pfleiger, 254 Fed. 511; In re Pollock, 257 Fed. 350.

Concerning the operation of the prior statutory law under § 2171, Rev. Stat., see United States v. Meyer, 241 Fed. 305; In re Jonasson, 241 Fed. 723; In re Kreuter, 241 Fed. 985; In re Nannanga, 242 Fed. 737; In re Haas, 242 Fed. 739; In re Naturalization of Subjects of Germany, 242 Fed. 971; In re Duus, 245 Fed. 813; United States v. Kamm, 247 Fed. 968; In re Weisz, 250 Fed: 1008.

but also rendered himself forever debarred from becoming a citizen of the United States.1

An alien woman may be naturalized under the laws of the United States in the same manner and under the same conditions that pertain to the naturalization of an alien man. It is not believed, however, that a married woman whose husband is an alien is eligible to citizenship during the continuance of the marriage relationship. It is to be observed that under the existing law, an alien woman, capable of naturalization and who marries an American citizen, becomes thereby herself such a citizen.1

(3)

§ 355. Usual Legal Conditions.

The usual conditions of naturalization in the United States are: first, a declaration on oath of an intention to become a citizen; secondly, a petition for admission to citizenship; thirdly, a declaration on oath to support the Constitution of the United States and to renounce former allegiance to any foreign power; fourthly, proof of residence for a required period of time; fifthly, proof of good behavior and attachment to the principles of the Constitution during such period of residence; and sixthly, renunciation of order of nobility or hereditary title, if any. The filing of a

1 Chap. 166, § 1, 40 Stat. 955.

See, also, in this connection, Neutral Persons and Property within Belligerent Territory, Military Service, Attitude of the United States, infra, § 626–627. 2 The statement in the text is the language of Mr. Evarts, Secy. of State, in a communication to Mr. Hinton, Oct. 19, 1877, 120 MS. Dom. Let. 232, Moore, Dig., III, 331. See, also, Minor v. Happersett, 21 Wall. 162. It was held by Wade, J., in 1917, that a petition for naturalization filed by an alien during his minority is void. In re Cordaro, 246 Fed. 735.

3§3 of Act of March 2, 1907, 34 Stat. 1228, declares that "any American woman who marries a foreigner shall take the nationality of her husband", and it provides also for the resumption of her "American citizenship at the termination of the marital relation." The inference seems clear that during the continuance of that relationship and while her husband remains an alien, the wife is incapacitated from acquiring American citizenship. See, also, Van Dyne, Nationality, 51-52, citing note by the court in In re Langtry, 31 Fed. 879, 880. Compare Comitis v. Parkerson, 56 Fed. 556.

4 Revised Stat. § 1994. Sprung v. Morton, 182 Fed. 330; In re Nicola, 184 Fed. 322; Marriage of Alien Women to American Citizens, infra, § 366. 5 Act of June 29, 1906, Chap. 3592, 34 Stat. 596.

PETITION FOR NATURALIZATION. The Act of June 29, 1906, par. 2, § 4, declares that the petition for naturalization shall be not less than two nor more than seven years after the applicant has made his declaration of intention. Concerning the operation of this requirement, see Eichhorst v. Lindsey, 209 Fed. 708; In re Yunghauss, 210 Fed. 545; In re Goldstein, 211 Fed. 163; In re Yunghauss, 218 Fed. 168; Harmon v. United States, 223 Fed. 425.

See, especially, United States v. Morena, 245 U. S. 392, where it was held that the requirement of the Act that the petition for citizenship be filed not